Delhi District Court
Sh. Tejinder Singh vs State (Nct Of Delhi) on 26 February, 2018
1
IN THE COURT OF SH. NARINDER
KUMAR
ADDITIONAL SESSIONS JUDGE (CENTRAL): DELHI
Decided on: 26.02.2018
C. R. No. :137/18 of 24.02.2018
Sh. Tejinder Singh
S/o Sh. K. S. Chawla,
R/o 21/60, Old Rajinder Nagar,
New Delhi .....Petitioner
Versus
State (NCT of Delhi) .....Respondent
JUDGMENT
By way of present petition, petitioner herein has challenged order dated 09.02.2018 passed by Learned Metropolitan Magistrate in case FIR No. 187/17 registered at PS Rajinder Nagar.
2. Vide impugned order, learned Metropolitan Magistrate has allowed application filed on behalf of the State / 2 IO permitting the IO to get voice sampling test of accused petitioner, conducted at FSL, Rohini.
3. Learned counsel for accused petitioner submits that impugned order is against law, as no law permits any Metropolitan Magistrate to get conducted voice sample test of accused.
4. Learned Metropolitan Magistrate has already taken into consideration decisions by Hon'ble Apex Court in State of Bombay v. Kathi Kalu Oghad, AIR 1961 SC 1808, CBI vs. Abdul Karim Ladsab Telgi 2005 Crl. L. J. 2868 and Selvi v. State of Karnataka 2010 (7) 2 SCC 263. Learned Addl. PP has justified the impugned order.
Learned Metropolitan Magistrate has taken into consideration submission made on behalf of the accused petitioner.
The settled law in Selvi's case's (Supra) is to prevail and this is not in dispute.
35. Having regard to the prosecution version which necessitated comparison of voice sampling test, Court does not find any illegality or irregularity in the impugned order particularly when it has been clarified in the same order that in case accused opts not to give his consent for such a test, same may lead to drawing of adverse inference against him during trial. Even otherwise, test, may also help the petitioner As a result, this revision petition is hereby dismissed.
6. Trial Court record be returned. File of revision be consigned to Record Room.
Announced in the open Court Digitally signed by NARINDER on this 26th day of February, 2018 NARINDER KUMAR KUMAR Date:
2018.02.28 16:35:13 +0530 (NARINDER KUMAR) SPECIAL JUDGE, NDPS - 02 (CENTRAL) TIS HAZARI COURTS, DELHI